Ultimate Fitness Anywhere LLC, a Delaware Limited Liability Company doing business as Fitness Tarantula (referred to as “Fitness Tarantula,” “us,” or “we”) provides the fitnesstarantula.com site and various related services (together referred to as the “Site”) subject to your compliance with all the “Terms of Use”, as well as any other written agreement between us (or your company). In addition, when using particular services or materials on the Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SITE ANY WAY, INCLUDING BUT NOT LIMITED TO THE USE OF A FREE TRIAL, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

YOU FURTHER AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THE SITE AND PLACE AN ORDER FOR FITNESS TARANTULA'S PRODUCTS AND SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THE SITE AND/OR PURCHASE FITNESS TARANTULA'S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU FIND YOUR CHILD HAS PURCHASED A PRODUCT AND/OR SERVICE WITHOUT YOUR CONSENT AND WISH TO CANCEL, YOU MAY DO SO AT ANY TIME BY EMAILING SALES@FITNESSTARANTULA.COM OR BY CANCELLING YOUR SUBSCRIPTION VIA THE “USER SETTINGS” TAB AT THE TOP OF EACH PAGE.

YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.

YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.

THESE TERMS OF USE ARE EFFECTIVE AS OF December 22, 2014. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents. Fitness Tarantula Affiliates refers to affiliates of the Fitness Tarantula Affiliate Program.

We make various services available on the Site including, but not limited to, fitness and nutrition products and services. Fees for the various services are set out in the membership and service fees described elsewhere in the Site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on the Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

In order to access some of the services on the Site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. You further agree that Fitness Tarantula may disclose your personal information to a third party if Fitness Tarantula believes in good faith that the law or legal process requires it, to protect the rights or property of Fitness Tarantula or others, or as otherwise described in the Privacy Policy. Users of the Site or other products or services of Fitness Tarantula should refer to Fitness Tarantula's Privacy Policy for more information about how Fitness Tarantula uses and collects information.

Fitness Tarantula account holders may activate a Fitness Tarantula subscription (“Subscription”). Your Fitness Tarantula Subscription may begin with a free trial (“Free Trial Period”). If your Fitness Tarantula Subscription begins with a Free Trial Period, such Free Trial Period lasts for the time period specified during sign-up. Fitness Tarantula is not obligated to offer a Free Trial. A Free Trial Period may not be combined with any other offer(s). You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”) to activate a Subscription. You are not eligible to receive a Free Trial Period if: (i) you have previously used a Free Trial Period; (ii) subscribed to Fitness Tarantula within the preceding 12 months; or (iii) your Payment Method or email address has previously been associated with a Fitness Tarantula Subscription.

Registration: To fully use the Site, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Fitness Tarantula and notify us if your information changes.

User Name: You may not use someone else's name, a nickname, a pseudonym, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including but not limited to any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at help@fitnesstarantula.com.

License: Fitness Tarantula grants you a limited, non-exclusive license to access and use the Site for your own personal, non-commercial purposes. This includes the right to view content available on the Site.

Restrictions: THIS LICENSE IS PERSONAL TO YOU AND MAY NOT BE ASSIGNED OR SUBLICENSED TO ANYONE ELSE.

You further agree that, except as expressly permitted by Fitness Tarantula in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site. Nor will you take any measures to interfere with or damage the Site. All rights not expressly granted by Fitness Tarantula are reserved.

Term: This Agreement begins on the date you first use the Site and continues as long as you have an account with us.

Account Deletion: You may delete your account at any time. Basic accounts may be deleted from the Site if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.

Termination for Breach: Fitness Tarantula may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted, with or without notice and for any reason, if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fitness Tarantula's reputation and goodwill. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. If Fitness Tarantula deletes your account for the foregoing reasons, you may not re-register for the Site. We may block your email address and Internet protocol address to prevent further registration.

Effect of Termination/Account Deletion: Upon termination, regardless of the reasons therefore, your right to use the services available on this site immediately ceases and all licenses granted by Fitness Tarantula will terminate. Sections 7 and Sections 1, 3, 8, 9, 18, 20, 21, 24, 26, 27, 33, and 34 of these Terms of Use, as well as your liability for any unpaid fees, shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. You acknowledge and agree that if Fitness Tarantula suspends, disables, or terminates/deletes access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is not limited to, the Fitness Tarantula Workout Buddy system, and other original content.

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. Fitness Tarantula has the right, but not the obligation, to monitor all conduct on and content submitted to the Fitness Tarantula Service.

You agree not to access (or attempt to access) our Site or any product and/or service by any means other than through the interface that is provided by Fitness Tarantula, unless you have been specifically allowed to do so in a separate agreement with Fitness Tarantula. You specifically agree not to access (or attempt to access) our Site or any product and/or service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on our Site or any product and/or service.

In using the Site, you further agree:

not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;

not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites [including, but not limited to, harassing or stalking any other person, harming or exploiting minors, and distributing junk or bulk email (also known as “spamming)];

not to upload, post, or otherwise transmit through or on the Site any viruses or any other computer code(s), files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

not to act in a deceptive manner (including, but not limited to, impersonating any person or entity), not to create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;

not to collect or store personal data about others;

not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;

not to post any material that is knowingly false and/or defamatory, inaccurate, abusive (including, but not limited to, depictions of extreme violence, animal cruelty or extreme violence towards animals), vulgar, hateful, harassing, obscene, profane, sexually oriented [including, but not limited to, sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted)], threatening, invasive of a person's privacy, or otherwise violative of any law;

not to post any material that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; and

not to promote fraudulent schemes, multi- level marketing (MLM) schemes, “get-rich-quick” schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; and

to be bound by the Product Submission Policies of Fitness Tarantula, including that any product submission you may make to Fitness Tarantula will not be held in confidence by Fitness Tarantula, and is not proprietary, that Fitness Tarantula may use the product submission and any aspect thereof for any purposes in Fitness Tarantula's sole discretion, and that Fitness Tarantula owes no duties or obligations with respect to you or the product submission made.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, applied trademarks and/or registered trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Fitness Tarantula and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, applied trademarks and/or registered trademarks and other applicable laws and could result in criminal or civil penalties.

You may not without our prior written consent:

copy, reproduce, use, or otherwise deal with any content on the Site [including, but not limited to, using, framing, or utilize framing techniques to enclose any Fitness Tarantula trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page), as well as using meta tags or any other "hidden text" utilizing a Fitness Tarantula name, trademark, or product name];

modify, re-post, distribute, or facilitate distribution of any content on the Site for any purpose (including, but not limited to, deep linking to the Site); or

use the content of the Site for any commercial exploitation whatsoever.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, applied trademark and/or registered trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Content Uploaded to the Site:

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, including but not limited to the Workout Buddy system, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In the event that you upload any photographs, comments, video clips, or other media to the Site (the "Uploaded Content"), Fitness Tarantula has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as Fitness Tarantula in its sole discretion sees fit without further consent or payment. Fitness Tarantula has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Fitness Tarantula has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Fitness Tarantula may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at our sole discretion. Fitness Tarantula is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms of Use.

USERS OF THE SITE MUST ONLY POST UPLOADED CONTENT THAT IS OWNED BY, AND FEATURES, THEMSELVES, AND NO OTHER THIRD PARTIES.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. Fitness Tarantula reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations and/or legal processes. You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Submissions: As between you and Fitness Tarantula, you own all content that you submit to the Fitness Tarantula Service. You grant Fitness Tarantula and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the Fitness Tarantula Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Fitness Tarantula on improving or adding new features to the Fitness Tarantula Service, Fitness Tarantula shall have the right to use your suggestions without any compensation to you.

Furthermore, please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Fitness Tarantula and grant the licenses set forth above; (ii) Fitness Tarantula will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

If you subscribe to a service on the Site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on the Site, we will bill your credit card. Recurring charges are billed in advance of service (please see the Automatic Renewal section of these Terms of Service for further information.) You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven (7) days of the change.

If, for any reason, your credit card company refuses to pay the amount billed for the service, you agreement that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Fitness Tarantula periodically offers a number of membership plans, including special promotional plans, subscriptions or memberships with different limitations. Fitness Tarantula reserves the right to modify, terminate or otherwise amend our offered membership plans.

For the purposes of this Agreement, a day is defined as the twenty four (24) hour period beginning at the time you purchase your Subscription. A month is defined as thirty (30) consecutive days beginning on and including the date that you activate your Free Trial Period or Subscription.

By starting your Subscription, you are expressly agreeing that Fitness Tarantula is authorized to charge you a Subscription fee to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice. As used in these Terms of Service, “billing” shall indicate a charge or debit, as applicable, against your Payment Method.

If you use the Site or other means to purchase a product, payment must be received by Fitness Tarantula prior to Fitness Tarantula's acceptance of an order, unless otherwise agreed by Fitness Tarantula. All Fitness Tarantula products may be subject to sales tax and will be applied to your order total if applicable. Fitness Tarantula may need to verify information you provide before Fitness Tarantula accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Fitness Tarantula will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Fitness Tarantula expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Fitness Tarantula is registered to you. Fitness Tarantula shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Fitness Tarantula, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

Fitness Tarantula will reject orders where the stated delivery address is outside the United States. Fitness Tarantula will add applicable shipping and handling fees to parcels within the United States.

Fitness Tarantula reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.

Fitness Tarantula's descriptions of, or references to, products not owned by Fitness Tarantula on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Fitness Tarantula.

With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the "Product"), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.

The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT BY CANCELLING YOUR SUBSCRIPTION VIA THE USER SETTINGS TAB AT THE TOP OF EACH PAGE.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by emailing sales@fitnesstaratula.com.

We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

We will automatically begin billing your Payment Method for Subscription fees at the end of the Free Trial Period unless you cancel prior to the end of the Free Trial Period. To view the specific details of your membership, including your Subscription status, monthly Subscription price and the end date of your Free Trial Period, view your account information, which is accessible at fitnesstarantula.com in your user settings tab. Your Payment Method may be authorized for up to approximately one term of service as soon as you activate a Subscription, including a Free Trial Period. In some instances, this authorization will reduce your available balance or credit limit; however, we will not make any charges against the Payment Method unless you do not cancel your Subscription prior to the end of your Free Trial Period. You will not receive a notice from us when your free trial period ends or when the paying portion of your Subscription has commenced. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, WE WILL NOT CHARGE YOUR PAYMENT METHOD. You may cancel your Subscription at any time.

Unless stated otherwise, all Fitness Tarantula subscription purchases on the Site have a seven (7)-day refund term, which ends at the conclusion of the subscriber’s free trial. If the subscriber does not submit a refund request before the conclusion of the seven (7)-day free trial, then the subscriber will be billed for their first month at the conclusion of the free trial and will automatically renew each month thereafter. In the event that a subscription purchase is made without the use of a seven (7)-day free trial, then no refund shall be made available to the subscriber. SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS PAST THE SEVEN (7)-DAY FREE TRIAL PERIOD.

Unless stated otherwise, tangible products on the Site (DVDs, t-shirts, etc) carry a 30-day money-back guarantee starting from the date that the product is delivered to you. In the event that you are not 100% satisfied with your purchase, please email Customer Service at sales@fitnesstarantula.com for a Return Authorization Number and return the product within the money-back guarantee period to receive a refund of the purchase price of your product, less shipping and handling. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, such products or loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please email sales@fitnesstarantula.com.

If your 13-17 year-old child purchased a product and/or service from the Site without your consent and you wish to file a claim(s) in court, the total liability to you shall not exceed the amounts paid by you to Fitness Tarantula over the duration of time referred to in your claim(s)

Fitness Tarantula shall be under no obligation to refund any Subscription fee under any circumstances. However, in the event that Fitness Tarantula, in its sole discretion, determines that you are entitled to a refund of all or part of a Subscription fee, such refund shall only be made to the credit card account originally used by you to purchase your Subscription.

Unless otherwise noted, Fitness Tarantula will use its best efforts to ship products within a reasonable time after receipt of your properly completed order. Although Fitness Tarantula may provide delivery or shipment timeframes or dates, you understand that those are Fitness Tarantula's good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Fitness Tarantula shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.

The delivery time for shipments to P.O. Boxes within the United States, including to U.S. territories, Alaska and Hawaii, may take up to 7-21 days.

We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on the Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;

all prices are displayed in United States Dollars unless expressly indicated otherwise;

packaging may vary from that shown on the Site;

any weights, dimensions, and capacities shown on the Site are approximate only; and

all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available.

For questions about the products or services on the Site, please email sales@fitnesstarantula.com. For questions about orders placed through the Site or otherwise, please email sales@fitnesstarantula.com.

The Fitness Tarantula Affiliate Program is intended to allow current Members and non-Members to refer new members to Fitness Tarantula. The Fitness Tarantula Affiliate Program is not to be used as a method for discounting your own purchases. Misrepresentations or fraudulent uses of the Fitness Tarantula Affiliate Program other than those described herein may result in loss of services, commissions and/or other account privileges.

Trademarks: Together with other logos and product names described on the Site, the following includes a partial list of claimed trademarks of Fitness Tarantula LLC, in the United States: Fitness Tarantula. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fitness Tarantula or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Fitness Tarantula, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fitness Tarantula. Other names and brands may be claimed as the property of others.

It is Fitness Tarantula's policy to respect the copyright and intellectual property rights of others. Fitness Tarantula may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Fitness Tarantula may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Fitness Tarantula complies with the Digital Millennium Copyright Act.

If you or any user of this site believes its copyright, applied trademark and/or registered trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed;

Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our site. For purposes of these Terms of Use, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “User Conduct on the Site” above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.

The Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Dealings with Third Parties:

Your participation, correspondence or business dealings with any third party found on or through the Sites and Service, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Fitness Tarantula shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

Fitness Tarantula may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Fitness Tarantula shall not be liable therefore.

The Site is controlled, operated, and administered by Ultimate Fitness Anywhere LLC from its offices within the United States of America. Although this site may be accessible worldwide, Fitness Tarantula makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

You agree to indemnify and hold harmless Fitness Tarantula, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH FITNESS TARANTULA. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site may represent the opinions and judgments of an information provider, site user, or other person or entity not connected with Ultimate Fitness Anywhere LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Ultimate Fitness Anywhere LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FITNESS TARANTULA OR THROUGH OR FROM OUR PRODUCTS AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. FITNESS TARANTULA DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, FITNESS TARANTULA DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FITNESS TARANTULA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS AND/OR SERVICES THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF FITNESS TARANTULA OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FITNESS TARANTULA'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO FITNESS TARANTULA FOR ANY PRODUCTS AND/OR SERVICES SUPPLIED BY FITNESS TARANTULA THROUGH YOUR USE OF THE SITE OR OTHERWISE.

FITNESS TARANTULA WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

THE SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NURTITIONAL PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.

DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. NEITHER OUR TRAINERS NOR OUR OTHER STAFF CAN PROVIDE YOU WITH MEDICAL ADVICE OR DIAGNOSIS. NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY OUR TRAINERS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT.

NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY FITNESS TARANTULA SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND FITNESS TARANTULA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Medical Disclaimer:

Through use of a free trial or in becoming a Member of Fitness Tarantula with the intent of using our products and/or services, including but not limited to use of this Site, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Fitness Tarantula.

If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Fitness Tarantula.

Ultimate Fitness Anywhere LLC reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.

You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that our product and/or services, including but not limited to this Site, will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

Ultimate Fitness Anywhere LLC makes no representations or warranties as to the conduct of trainers or their compatibility with any current or Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms and Conditions.

This site (excluding any linked sites) is controlled by us from our offices within the State of Illinois, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Illinois, by accessing this site both of us agree that the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in the Circuit Court of Cook County, Illinois, or the United States District Court for the Northern District of Illinois, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the laws of Illinois. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof ("JAMS"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Chicago, Illinois. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of either Fitness Tarantula or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Fitness Tarantula to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.

The terms of this section survive any termination of the Terms and Conditions.

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of LEGAL at legal@fitnesstarantula.com if by email, or at Ultimate Fitness Anywhere LLC, 2735 N. Clark St., #163, Chicago, IL 60614, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

The Terms and Conditions constitute the entire agreement between Fitness Tarantula and you with respect to your use of the Site, your purchase of products and/or services through the Site, and as applicable any products and/or services of Fitness Tarantula, and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action you may have with respect to the Site, Fitness Tarantula's products and/or services, or our affiliates must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Fitness Tarantula to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision.

The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Fitness Tarantula, and you do not have any authority to create any obligation or make any representation on Fitness Tarantula's behalf. Ultimate Fitness Anywhere LLC does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Some products and/or services on the Site are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information contained within our products and/or services, queries made through the Site or other information. The manner, mode and extent of advertising by Fitness Tarantula on the Site are subject to change without specific notice to you. In consideration for Fitness Tarantula granting you access to and use of the Site, you agree that we may place such advertising on the Site.

In order to access certain features and/or services on the Site, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the feature and/or service, or as part of your continued use of the feature and/or service. You agree that any registration information you provide to Fitness Tarantula will always be accurate, correct and up to date.

You may not assign or transfer any rights or obligations of these Terms and Conditions to any thing or party, by operation of law or otherwise, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use. You also agree not to sell, resell, rent, lease, loan, distribute, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Fitness Tarantula and their respective successors and assigns. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The terms of this section survive any termination of the Terms and Conditions.

By making your account information public, you agree to allow other members of the Site to view your content.

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Except as explicitly noted on this site, the services available through this site are offered by Ultimate Fitness Anywhere LLC, a Delaware Limited Liability Company doing business as Fitness Tarantula, located at 2735 N. Clark St., #163, Chicago, Illinois, 60614.